Page:1887 Compiled Laws of Dakota Territory.pdf/1176

§§ 7087-7095 specific form, it being sufficient if it present intelligibly the ground of the objection.

§ 7087. If he deny the truth of the accusation, the denial may be oral and without oath, and must be entered upon the minutes.

§ 7088. If an objection to the sufficiency of the accusation be not sustained, the defendant must answer the accusation forthwith.

§ 7089. If the defendant plead guilty, or refuse to answer the accusation, the court must render judgment of conviction against him. If he deny the matters charged, the court must proceed to try the accusation.

§ 7090. The trial must be by a jury, and conducted in all respects in the same manner as the trial of an indictment for a misdemeanor.

§ 7091. Upon a conviction, the court must pronounce judgment that the defendant be removed from office. But to warrant a removal, the judgment must be entered upon the minutes, assigning therein the causes of removal.

§ 7092. The same proceedings may be had, on like grounds, for the removal of any territorial officer elected by the people of the territory, or appointed by the governor thereof, except delegate to congress and members of the legislative assembly.

§ 7093. In such proceedings the accusation may be presented by the grand jury of the county or subdivision in which such territorial officer resides, or in which he has his place of office for the usual transaction of his official business.

§ 7094. The same proceedings may be had, on like grounds, for the removal of a district attorney, except that the accusation must be delivered by the judge to the clerk, and by him to such person as may be appointed by the judge to act as prosecuting officer in the matter, who is authorized and required to conduct the proceedings.

§ 7095. The same proceedings may be had against any officer within the jurisdiction of the court who is accused of charging and collecting illegal fees for services rendered or to be rendered in his office, or who has refused or neglected to perform the official duties pertaining to his office, or who has rendered himself incompetent to perform his said duties by reason of habitual drunkenness; and, upon a conviction thereof, the court may pronounce judgment that the defendant be removed from office, or that he pay à fine not exceeding five hundred dollars in favor of the informer, with costs of suit; or the court may, in its discretion, pronounce judgment, both for his removal from office and for the payment of the fine and costs.